DOUBLE murder convict, Habofanoe Lephuthela Ntsie who is challenging his extraction to Lesotho in March will know his fate on December 14 when the High Court decides whether or not to return him to South Africa.
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Dec. 1, 2022
COURT REPORTERS
3 min read
Ntsie to know his fate in 2 weeks
Double murder convict, Habofanoe Lephuthela Ntsie
Story highlights
The court to decide whether or not to deport the convict to SA
Ntsie claims abduction by Lesotho authorities
The controversial cameraman argues he was abducted by Lesotho authorities earlier in March as due process was not followed during his extraction from the neighbouring country.
Ntsie’s lawyer, Advocate Raboloetse Makara told the court on Tuesday this week that he wanted his client to be deported to South Africa as the court could not exercise its jurisdiction.
This, Makara said, was because Ntsie was illegally brought to Lesotho.
“Circumstances surrounding the applicant’s extradition were tantamount to abduction as proper procedures were not followed,” the court heard.
Ntsie was in 2012 convicted of the 2004 murder of Souru Masupha and Habaka Mahao at Khorong in Ha Tšosane, Maseru.
Justice ’Maseforo Mahase convicted him in absentia after he fled the country during lunch break on the day the judgment was being read.
Ntsie was eventually arrested in South Africa in March this year and extradited back to Lesotho.
He awaits trial behind bars.
During his marathon trial, Ntsie who was at the time represented by King’s Counsel (KC) Haae Phoofolo said he shot Masupha and Mahao in self-defence.
He claimed that on the day of the fatal shooting, the two men were armed with AK-47 assault rifles and wanted to kill him.
In his testimony, he also said he knew who killed former Prime Minister Pakalitha Mosisili’s son, Maile, in 2002.
Months after he fled the country, Ntsie was arrested in Vereeniging in the Gauteng province, South Africa.
He was later released on R10 000 bail by the Vereeniging Magistrate’s Court.
Advocate Makara told the court this week that although he wants to see his client pay for his actions, that, however, he said, should be done based on the right legal principles.
But on behalf of the Crown, Advocate Lehlanako Mofilikoane argued that due process was followed during Ntsie’s extradition, adding that the court has the jurisdiction to deal with the convict’s matter.
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She was, nonetheless, quick to admit that the court does not have the jurisdiction to review proceedings that happened in another country.
This, after Ntsie argued that the court had the jurisdiction to review his extradition, which was processed in South Africa.
He had therefore asked for an urgent application to halt proceedings, pending the finalisation of the review application.
Mofilikoane for her turn contended that the Ministry of Foreign Affairs, cited as the first respondent in the application is not a custodian of a record of proceedings for the extradition, which Ntsie requested to use in his defence.
Ntsie’s subsequent extradition to Lesotho was facilitated by the International Police (Interpol) through the assistance of the South African Police Services (SAPS).
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